The Estate Desk

Last verified 2026-10-27; facts checked against the primary sources below

How do I get letters testamentary in California?

Last verified: October 27, 2026

The short answer: You get letters testamentary by filing a Petition for Probate, form DE-111, in the superior court of the county where the person who died lived, giving notice of the hearing, and being appointed executor at that hearing (California Courts). After the judge signs the Order for Probate (DE-140), you sign the oath on the letters, file the DE-147 acknowledgment and post any bond the court requires. Then the clerk issues the letters on form DE-150 (Probate Code § 8403; § 8404; § 8480).

Being named in the will is not enough. You have no power to run the estate until letters issue, except to pay funeral expenses and take necessary steps to preserve the estate (§ 8400).

Letters at a glance

Fact Detail Source
Where to file Superior court of the county where the person who died was domiciled § 7051; California Courts
Filing fee $435 for the first petition for letters testamentary or letters of administration; different in Riverside, San Bernardino and San Francisco because of a local surcharge Statewide civil fee schedule, January 1, 2026, row 124 (GC 70650(a))
Hearing date Set 15 to 30 days after filing, or 30 to 45 days if you ask when you file § 8003
Mailed notice At least 15 days before the hearing, to each heir and to each person named in the will § 8110
Published notice Three times in a newspaper, the first at least 15 days before the hearing § 8121
When authority starts When letters issue, not when the judge signs the order § 8400
Named executor's deadline Petition within 30 days of learning of the death and of being named, or the court may treat the right to serve as waived unless there is good cause for the delay § 8001

You can apply for a fee waiver if you can show financial hardship. The fee can usually be paid or paid back from the estate (California Courts).

Steps from petition to issued letters

  1. Confirm the estate needs probate. Many assets pass outside probate, and smaller estates can use simpler procedures. See do I need probate in California.
  2. File the Petition for Probate (DE-111). It states the date and place of death, the last address, each heir and person named in the will, the estimated value of the estate and who should be appointed (§ 8002). Attach a copy of the will, and a typed copy if it is handwritten. The same petition asks to admit the will to probate (§ 8000). If you want authority under the Independent Administration of Estates Act, ask for it in this petition or a separate one (§ 10450).
  3. Get a hearing date. The clerk stamps the forms and gives you a hearing date and department (California Courts).
  4. Mail notice on form DE-121. Another adult who is not a party to the case mails it. You cannot mail it yourself (California Courts; § 8110).
  5. Publish notice. Arrange publication in a newspaper of general circulation in the city where the person lived (§ 8121). The newspaper charges for this, and the cost can be paid back from the estate (California Courts).
  6. Go to the hearing. If the judge has no questions about the petition, notice or publication, the judge may grant the petition and appoint you (California Courts). Many courts post probate notes before the hearing listing anything missing. See probate examiner notes in California.
  7. Submit the Order for Probate (DE-140). By law its first page says: "WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL LETTERS HAVE ISSUED." (§ 8400(c); DE-140). The order says letters issue on qualification.
  8. Qualify. Sign the affirmation on the letters form, file the DE-147 acknowledgment of duties (and the confidential DE-147S if your court's local rule requires it), and post bond if the order fixes one (§ 8403; § 8404; § 8480).
  9. The clerk issues letters. The clerk signs them under the court's seal (§ 8405). Your authority starts now.

Each county sets its own hearing calendar. The statewide rules above set minimum notice periods, not how long your court will take.

Forms you will use

Form Name What it does Current revision
DE-111 Petition for Probate Opens the case and asks the court to appoint you July 1, 2017
DE-121 Notice of Petition to Administer Estate The notice that is mailed and published January 1, 2013
DE-140 Order for Probate The judge's order appointing you, with bond and independent administration terms January 1, 1998
DE-147 Duties and Liabilities of Personal Representative Explains your duties; you sign the acknowledgment and file it before letters issue January 1, 2002
DE-147S Confidential Statement of Birth Date and Driver's License Number Used only if the court's local rule requires it; kept out of the public file January 1, 2001
DE-150 Letters The document that proves your appointment January 1, 1998

Revision dates are from the forms themselves and the California Courts form pages, checked October 27, 2026.

Do I need a bond?

A bond is required before letters issue unless the law excuses it (§ 8480). It is not required if the will waives it, or if all beneficiaries waive it in writing and the waivers are attached to the petition, unless the will requires a bond (§ 8481). The court can still require one for good cause.

Bond rule Detail Source
Maximum amount Estimated value of the personal property, plus probable annual gross income, plus real property if independent administration covers it § 8482(a)
Personal sureties Twice the amount the court fixes § 8482(c)
Blocked account Money deposited so it cannot be withdrawn without a court order can be left out of the bond amount § 8483
Cost The reasonable yearly cost of the bond is allowed to the personal representative § 8486
No bond posted Letters are not issued § 8480(c)

Letters testamentary or letters of administration?

The same form, DE-150, is used for every type. The letters must say which type you hold (§ 8405(b); DE-150).

Type When the court issues it Source
Letters testamentary There is a will, and the person it names as executor is appointed § 8420
Letters of administration with will annexed There is a will, but it names no executor, or every named executor waived or cannot or will not act § 8440
Letters of administration There is no will. Priority starts with the surviving spouse or domestic partner, then children, then grandchildren § 8460; § 8461
Letters of special administration A temporary or limited appointment; the letters can list special powers and an expiration date DE-150

A person under the age of majority, a person under a conservatorship of the estate, or someone otherwise unfit cannot serve. A non-US resident cannot serve as administrator, but can serve if named as executor in the will (§ 8402). If someone else has priority or objects, ask your reviewing attorney before you file.

What do the letters say?

Letters show the county, your name, your role, and whether you have independent administration authority, and if so whether it is full or limited (§ 8405). Limited authority means no power, without court supervision, to sell or exchange real property, grant an option to buy it, or borrow against it (DE-150).

Read item 4 on the form. If it is checked, you may not take possession of money or other property without a specific court order (DE-150). Banks read this line too.

How do I get certified copies?

Ask the clerk of the court that issued the letters. The certification at the bottom of DE-150 is signed and dated by the clerk under seal. It states that the copy is correct and that the letters have not been revoked, annulled or set aside and are still in full force and effect (DE-150).

Clerk fee Amount Source
Certifying a copy of a paper on file $40 Fee schedule, row 187 (GC 70626(a)(4))
Preparing a copy of a paper on file $0.50 per page Fee schedule, row 189 (GC 70627(a))

Order one certified copy for each institution that will keep one.

What banks ask for

Expect a certified copy of the letters, often one certified recently, plus the bank's own claim or account forms. The certification date matters because it is the clerk's statement that the letters were still in force on that date. Ask each bank, brokerage or title company what certification age it accepts before you order copies. For the estate's own account, see opening an estate bank account in California.

If a bank asks for letters but the estate is small, the small estate affidavit may let a successor collect property without probate.

The Estate Desk handles this for California families. theestatedesk.com

Primary sources